Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Creditors and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys' fees and the allocated costs of attorneys employed by any of the Creditors, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly, in whole or in part, out of (i) the presence on or under any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (ii) any activity carried on or undertaken on or off any Real Property by Borrower or any of its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on or under any Real Property. The foregoing indemnity shall further apply to any residual contamination on or under any Real Property, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on any Real Property, the presence of which is caused by the Creditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any deed of trust on any Real Property. No claim giving rise for indemnificatio...
Hazardous Material Indemnity. Tenant further agrees to the following:
46.1 As used in this Lease, the following terms shall have the following meanings:
Hazardous Material Indemnity. The term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Indiana, or the United States government and includes, without limitation, any material or substance that is: (a) medical waste; (b) toxic, ignitable, reactive, radioactive, contagious or life threatening; (c) bodily fluids and parts; (d) defined as a “hazardous substance,” “hazardous waste” or “extremely hazardous waste” pursuant to any state, federal or local statute, ordinance, rule or regulation, including but not limited to, asbestos, polychlorobiphenyls, oil, petroleum products and their by-products; or (e) designated by Landlord, in its sole discretion to be hazardous to human health or property and which Landlord determines must be cleaned up, removed, or otherwise treated, whether or not the substance is considered hazardous for the purposes of any federal or state statutes or local laws. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, flushed into sanitary sewers or used in or about the Premises by the Tenant, Tenant’s agents, employees, contractors or invitees, without the prior written consent of the County. The Group Members’ Losses arising under any breach by Tenant of this Section 16, which shall be indemnified by Tenant pursuant to Section 22 hereof, shall include but not be limited to, diminution of value of the Premises, damages arising from any adverse impact on marketing of space, cost incurred in connection with any investigation of site conditions, or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present on the Premises or in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material. The provisions of this Section 16 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or equity and shall survive the termination or expiration of the Lease.
Hazardous Material Indemnity. The Lessee shall indemnify, defend and hold the Lessee, its officers, officials, employees and agents, harmless from and against any and all claims, judgements, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims and attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of (i) the Lessee’s breach of the obligations stated in this Section 4.2, or (ii) the presence of Hazardous Material on the Premises caused or permitted by the Lessee. This indemnification of the Lessor by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil on or groundwater under or within the Premises caused or permitted by the Lessee results in any contamination of the Premises or elsewhere, the Lessee shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises.
Hazardous Material Indemnity. SDS warrants that it will not ----------------------------- transport, store, or otherwise make use of any hazardous material on any Project site or with respect to services to be performed under this Agreement, and shall indemnify and hold harmless IPCS from and against any and all claims, losses and expenses of any nature, including attorney's fees, arising with respect to any breach of this warranty. The term "hazardous material" shall include any substances or materials the presence of which on the site would create any liability or potential liability to any owner or operator of the property for clean-up, remediation or otherwise with regard to such material, any structure, the soil and/or groundwater, and without regard to whether such liability arises under federal, state or local law, ordinance, rule or regulation.
Hazardous Material Indemnity. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and shall be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building and/or the Property, or if contamination of the Premises, the Building and/or the Property by Hazardous Material otherwise occurs, for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and its Mortgagee(s) harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, the Building and/or the Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, the Building and/or the Property, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord and its Mortgagee(s) by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Building. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises, the Building and/or the Property caused or permitted by Tenant results in any contamination of the Premises, the Building and/or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building and/or the Property to the condition existing prior to the introduction of any such ...
Hazardous Material Indemnity. Lessee hereby agrees that it shall be fully liable for all costs and expenses related to the generation, use, storage, transportation, treatment, disposal of, or other management of Hazardous Material kept on the Premises by Lessee or any of its agents, employees, contractors, or invitee. Lessee shall defend, indemnify, and, hold harmless the Authority and its agents, from and against any claims, demands, penalties, fines liabilities, settlements, damages, costs, or expenses (including, without limitation, reasonable attorney’s fees and consultant’s fees, court costs, and reasonable litigation expenses) arising out of or in any way related to:
(a) the presence, disposal, release, or threatened release of any Hazardous Material on, from, to, under, or otherwise affecting the soil, water, vegetation, buildings, personal property or animals;
(b) any personal injury (including wrongful death or property damage (real or personal) arising out of or generated at the Premises by Lessee or any agents, employees, contractors, or invitee;
(c) any lawsuit brought or threatened, settlement reached or approved by Lessee, or government order relating to Hazardous Material brought on to or generated at the Premises by Lessee or any of its agents, employees, contractors, or invitee; or
(d) any violation of an applicable environmental law resulting from any act or omission of Lessee or any of its agents, employees, contractors, or Invitee. The provisions of this Article shall be in addition to any other obligations and liabilities which Lessee may have to the Authority at law or equity, and shall survive the transactions contemplated herein, and shall survive the termination, cancellation, or expiration of this Agreement.
Hazardous Material Indemnity. The term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Indiana, or the United States government and includes, without limitation, any material or substance that is: (a) medical waste; (b) toxic, ignitable, reactive, radioactive, contagious or life threatening; (c) bodily fluids and parts;
Hazardous Material Indemnity. 100 11.23 Waiver of Right to Trial by Jury ....................................... 100 11.24 Purported Oral Amendments .............................................. 101 Exhibits A - Commitment Assignment and Acceptance B - Compliance Certificate C - Opinion of Counsel D - Pricing Certificate E - Request for Letter of Credit F - Request for Loan G - Revolving Note H - Security Agreement I - Subsidiary Guaranty J - Term Note K - Investment Policy Schedules
Hazardous Material Indemnity. CMS warrants that it will not transport, store, or otherwise make use of any hazardous material as defined elsewhere in this Agreement, and shall indemnify and hold harmless IPCS from and against any and all claims, losses and expenses of any nature, including attorney's fees, arising with respect to any breach of this warranty.
